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William R. Bishop
International Trade Commission
February 21, 2014
[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Notices]
[Pages 9922-9923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03700]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-881]
Certain Windshield Wiper Devices and Components Thereof; Notice
of Commission Determination Not To Review an Initial Determination
Granting Complainants' Motion To Amend the Complaint and Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 27)
granting the motion of complainants Federal-Mogul Corporation of
Southfield, Michigan and Federal-Mogul S.A. of Aubange, Belgium
(collectively ``Federal-Mogul'') to amend the complaint to correct
respondent Trico Corporation's corporate name and to identify
additional accused products.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
[[Page 9923]]
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 11, 2013, based on a complaint filed by Federal-Mogul. 78 FR
35050-51 (June 11, 2013). The complaint alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of
infringement of certain claims of U.S. Patent No. 8,347,449. The
complaint further alleges the existence of a domestic industry. The
Commission's Notice of Investigation named as respondents Trico
Corporation of Rochester Hills, Michigan (``Trico Corp.''); Trico
Products of Brownsville, Texas; and Trico Components, SA de CV of
Matamoros, Mexico. The Office of Unfair Import Investigations was also
named as a party.
On December 23, 2013, Federal-Mogul filed a motion for leave to
amend the complaint and notice of investigation (``NOI'') to correct
Trico Corp.'s corporate name to Trico Products Corporation and to
identify additional accused products. The motion indicated that the
Commission investigative attorney did not oppose the motion.
Respondents did not file a response.
On January 22, 2014, the ALJ issued the subject ID, granting
Federal-Mogul's motion pursuant to section 210.14(b)(1) of the
Commission's Rules of Practice and Procedure (19 CFR 210.14(b)(1)). The
ALJ found that good cause exists to amend the complaint and NOI to
correct Trico Product Corporation's corporate name and to add the
additional products. The ALJ noted that Federal-Mogul learned that it
had incorrectly identified Trico Product Corporation only after filing
its complaint. The ALJ also found that Federal-Mogul learned of the
additional products during discovery, and thus, after filing its
complaint. The ALJ noted that no party opposed the motion, that Trico
Products Corporation has fully participated in the investigation, and
that the parties have already addressed the additional products during
discovery and in their pretrial submissions. The ALJ, therefore, found
that no party would be prejudiced by the amendment. No petitions for
review were filed.
The Commission has determined not to review the ID.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
Part 210).
By order of the Commission.
Issued: February 18, 2014.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2014-03700 Filed 2-20-14; 8:45 am]
BILLING CODE 7020-02-P